West Virginia Criminal Court Records

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    Official documents created during criminal prosecutions in West Virginia are known as criminal court records. These records encompass case dockets, charging instruments, motions, judgments, and sentencing orders. Their purpose is to uphold accountability and transparency within the justice system, ensuring that justice is administered effectively.

    The purpose of maintaining criminal court records is twofold. Firstly, they safeguard due process by providing an official record of proceedings that can be reviewed by courts, litigants, and the general public. Secondly, they uphold public confidence in the justice system by allowing lawful access to case information.

    The West Virginia Judiciary circuit and magistratecourts (the state's lower/trial courts) serve as custodians of these records. Access is regulated by state law and the West Virginia Trial Court Rules.

    Are Criminal Court Records Public in West Virginia?

    Yes. Criminal court records in West Virginia are open to the public, reflecting the principle that governmental operations, including actions within the justice system, should be transparent. West Virginia's Freedom of Information Act, Rule 10.04 of the West Virginia Trial Court Rules, and W. Va. Code § 51-4-2 affirm that court records are accessible to the public unless otherwise stipulated. Records designated as nonpublic in West Virginia include

    • Sealed case files: These are closed to the public when a judge determines confidentiality is necessary.
    • Expunged records: Arrests, charges, or convictions expunged under W. Va. Code § 61-11-25 and other applicable statutes are removed from public access.
    • Juvenile records: As stipulated by W. Va. Code § 49-5-101, juvenile case records are generally confidential, with access limited to the case parties and authorized agencies.
    • Victim information, medical records, or other sensitive materials may be sealed or restricted.

    These exceptions strike a balance between public access and concerns for privacy, security, and fairness.

    What Criminal Court Records Contain in West Virginia

    Information that may appear in public West Virginia criminal court records includes

    • Defendant and prosecutor's names
    • Case numbers, case statuses, case types (felony or misdemeanor), and filing dates
    • Criminal charges
    • Pleas
    • Motions and orders
    • Scheduled hearings and trial dates
    • Jury verdicts
    • Sentencing orders
    • Notices of appeal

    West Virginia Criminal Court Records Search

    To find criminal court records in West Virginia, individuals have several options, which vary depending on the specific court and the current status of the case.

    • Statewide Case Search: The WV Judiciary maintains the West Virginia Court Records Public Access System, which allows searches by case number, party name, or filing date in all 55 counties. This online service includes records from both circuit and magistrate courts.
    • County Clerk's Offices: Clerks of circuit and magistrate courts maintain records of criminal cases filed in their respective jurisdictions. Individuals can contact or write to these offices to request information about their record inspection and copying policies. Copy requests typically attract fees, which vary by court.
    • In-Person Searches: Public access terminals may be available at the courthouse in the county where a criminal case was tried. These terminals provide access to criminal case information. Staff assistance is also available for retrieving files not available electronically.

    Free Access to Criminal Court Records in West Virginia

    Certain avenues provide no-cost access to criminal case information in West Virginia:

    • The West Virginia Case Search portal provides free online access to case summaries and events.
    • The courthouse public terminals offer free access to view non-confidential case files. If no terminals are provided, record inspection may be provided at the clerk's office.

    While court records can generally be inspected for free, certain limitations and costs apply. Archived cases might incur retrieval fees. Additionally, there are statutory fees for exhibits, transcripts, and certified copies. According to Rule 10.04 of the West Virginia Trial Court Rules, courts, circuit clerks, or other court staff can charge a reasonable fee to cover the actual cost of reproducing or providing public records. However, individuals who are unable to afford these fees may inquire about fee waivers.

    Sealing and Expungement of Criminal Court Records in West Virginia

    West Virginia law provides remedies to restrict or eliminate public access to criminal court records, namely sealing and expungement.

    • Conventionally, sealing restricts public access to a record. The file remains in existence but is maintained in a separate secure area, inaccessible to the public without a court order.
    • Expungement eliminates or modifies entries connected to a record of arrest, charge, or conviction.

    Eligibility depends on the type of case and the record. For example, nonconvictions may be expunged under W. Va. Code § 61-11-25, while misdemeanor and felony convictions may be eligible under W. Va. Code §§ 61-11-26 and 61-11-26a.

    How to Seal Criminal Court Records in West Virginia

    West Virginia law does not provide for the "sealing" of criminal court records. Instead, the state uses the term "expungement," which it defines as the removal or sealing of conviction or non-conviction records.

    However, "sealing" can also refer to restricting public access to a court record. Courts have the discretion to seal certain documents, particularly when the public interest in confidentiality outweighs the public interest in disclosure. In these instances, the decision to seal a record is not based on statutory eligibility criteria but is entirely at the court's discretion. Interested parties will typically need to file a motion with the court, or the court will, on its own motion, order the affected record(s) to be sealed.

    How to Expunge a Criminal Record in West Virginia

    Expungement in West Virginia is governed by W. Va. Code §§ 61-11-25, 61-11-26, and 61-11-26a.

    § 61-11-25 Expungements

    Under W. Va. Code § 61-11-25, individuals can petition for the expungement of acquittals, dismissals, or successful completions of deferred adjudication or pretrial diversion. To do so, a civil petition (Form SCA-C903) must be filed in the Circuit Court of the county where the case originated. A compulsory 60-day waiting period from the date of dismissal or acquittal is required before the petition can be filed. No filing fees or costs are associated with this petition.

    A hearing scheduled for a § 61-11-25 petition will involve the court notifying the prosecuting attorney and arresting agency, allowing them to respond. This notification is not required by law if no hearing is scheduled. If the court grants the expungement, it will order the sealing of all records in its custody and the expungement of any related record maintained by any other agency or official, including law enforcement.. Essentially, the proceedings will be treated as never having occurred for most private applications (§ 61-11-25(d)-(f)).

    §§ 61-11-26 and 61-11-26a Expungements

    W. Va. Code §§ 61-11-26 and 61-11-26a cover mainly expungements for nonviolent felonies and misdemeanors. The West Virginia Judiciary's Form SCA-C900 details eligibility criteria, filing timeframes, service obligations, and fees.

    • The Presiding Court and When to File: Petitions for conviction expungement are submitted to the Circuit Court in the county where the conviction took place. The eligibility period varies by the type of offense.

    For a single misdemeanor, eligibility is typically one year after the conviction and completion of the sentence. For multiple misdemeanors, eligibility is two years after the most recent conviction. Nonviolent felony convictions are eligible five years after the completion of the sentence and supervision, with some accelerated options available under § 61-11-26a for those who complete specific substance-abuse treatment or job programs.

    • Service Obligations and Opportunities to Oppose: The petitioning party must serve the petition and supporting documentation on specified entities when pursuing conviction expungement:
      • Superintendent of the State Police
      • Prosecuting attorney of the county of conviction
      • Chief of police or other executive head of the municipal (city/town) police department where the offense occurred
      • Any other law enforcement agencies involved
      • Superintendent or warden of any institution of confinement
      • Sentencing court

    These parties have 30 days to file an opposition. The court may grant the expungement petition without a hearing, schedule a hearing, or deny the petition within 60 days, depending on whether a challenge is filed or other matters arise.

    • Processing Fees: Circuit Court filing fees for conviction expungement typically include a $200 filing fee, plus costs for service and copies as directed by local practice. A separate processing fee to the West Virginia State Police (generally $100) is required to have the State Police update its records; however, this fee is waived for petitions granted under § 61-11-26a's expedited treatment provisions.
    • Effect and Transmission of Order: Should a court order a conviction expunged, the clerk will forward the order to the West Virginia State Police and any other relevant agencies. These agencies are then required to update their records and certify their compliance as mandated by statute. It is important to note that certain statutory or employment disclosures may still be needed in specific public safety situations. Furthermore, expungement does not automatically reinstate firearm rights.
    • Limitations and exclusions: § 61-11-26 lists numerous offense categories that are ineligible for conviction expungement, including violent felonies, offenses against minors, DUI, certain domestic violence offenses, and sexual offenses. Petitioners must confirm statutory eligibility before filing.

    Criminal Records in West Virginia vs Court Records

    The West Virginia State Police's Criminal Identification Bureau maintains comprehensive statewide criminal records, which include arrest, charge, and disposition information. Conversely, criminal court records are specific to individual cases, created, compiled, and maintained by the courts to document criminal proceedings. The distinction lies in scope and the official records custodian.

    Requesting a West Virginia Criminal History Record

    The West Virginia State Police maintains official criminal history records through its Criminal Identification Bureau. Under W. Va. Code § 15-2-24, individuals may request their own records, but access to another person's criminal history is restricted. Employers, licensing boards, and law enforcement agencies may also request records for authorized purposes.

    How to Request a West Virginia State Background Check

    West Virginia criminal history checks are conducted through West Virginia State Police's (WVSP) Criminal Identification Bureau. The process is fingerprint-based and cannot be completed as a simple name search. Steps include

    1. Obtain Fingerprints: Applicants must submit fingerprints using an FD-258 card or through the state-approved electronic Live Scan vendor. Additional fees may apply for locations outside West Virginia.
    2. Complete the Request Form: The official background check request form must be submitted along with the fingerprints. The form is available at the enrollment center.
    3. Submit Payment: Fees vary based on the type of check and the location of fingerprinting. Applicants should verify current fees directly with the vendor or the WVSP.
    4. Receive Results: Results are sent directly to the applicant or an authorized recipient. Processing times depend on the submission method.

    Fingerprint-based checks are mandatory, and name-only requests are not accepted in West Virginia. Background checks may include state and federal records, and applicants should plan visits during working hours to ensure timely processing.

    Active vs Archived Criminal Cases in West Virginia

    In West Virginia, active criminal cases are ongoing legal proceedings. Information about these cases can be easily found on local court calendars, at courthouses, through clerk's offices, and through the West Virginia Court Records Public Access System.

    Archived cases, conversely, are older criminal proceedings that have been closed and have exceeded the court retention schedules endorsed by the Supreme Court of Appeals (W. Va. Code § 51-4-3). These schedules establish the timeframes for how long records are kept at the courthouse before being archived. For example, felony cases are often retained in courthouses longer than misdemeanor cases due to their greater legal significance and the potential for further proceedings.

    Archived records may be stored off-site at a county facility, transferred to microfilm, or delivered to the West Virginia Archives, depending on the type of case and its age. Retrieving an archived record typically involves writing to the clerk of the circuit or magistrate court (parties can also go directly to the archival facility). This request must include the case number, the party's name, or the approximate date of filing. Search and copying fees may apply, and processing times can vary based on the record's location.

    If a case has been sealed or expunged, the file will not be available to the public, regardless of whether it is archived or active.